Published: October 06, 2008 10:50 pm      

Lewisburg resident files to intervene in property seizure

LEWISBURG — Plans by the city of Lewisburg to seize a home through eminent domain and turn the property into a new police headquarters have skidded to a halt after an adjacent property owner filed a motion to intervene in the case.

Circuit Judge Joseph C. Pomponio Jr. continued the case Tuesday to allow Lewisburg lawyers to respond to a motion filed by resident Rodney Wickline. A new hearing date was not set.

Last month, the city of Lewisburg filed legal documents asking the court to allow them to seize the property owned by Robert S. Jacobson, located on the corner of North Court Street and Preston Boulevard. In a Sept. 18 Register-Herald story, Jacobson said he was not opposing the actions by city officials to obtain his property. Documents filed in the case indicated the city would pay Jacobson $300,000 in return for his property and house.

Lewisburg Mayor John Manchester previously said eminent domain was being used in order to clear the Jacobson deed of restrictions and zoning ordinances so the property can be in an “unfettered condition” for going forward with plans for the new police station.

About an hour before Pomponio was to hear arguments Monday on whether the city would be allowed to seize the property, Wickline filed the petition to intervene.

Half of the Jacabson property is currently zoned residential and the other half is zoned office residential.

Lewisburg attorney Robert Richardson, who represents Wickline, said the city has restricted buildings like police stations to commercial and industrial zoned areas.

“Our position is that the city is not exempt from its own zoning ordinances,” Richardson said Monday. “That’s a question of law that clearly exists and will be squared away in court, whether or not you can ignore residential and office zoning and put a police station wherever you want.”

Prior to Monday’s hearing, lawyers for Lewisburg sent out 12 letters to adjacent landowners which informed them of the eminent domain action saying, in part, “ ... with respect to the property sought ... your property rights could therefore be affected.”

Lawyers for Stroebel & Johnson, who represent the city, did not return a phone message Monday.

Wickline, a landscaper who resides in New York and whose property is located about three doors down from the Jacobson property, said he believes the city is trying to pull a fast one. If the city is allowed to build the police station, his property’s value will decline significantly, he said.

“It’s about the dirtiest thing anyone has ever tried to pull,” Wickline said by phone Monday. “I bought the property knowing there were certain restrictions on neighboring properties and to just wipe them clear is wrong. I will fight this for as long as I have to.”

Manchester declined comment Monday on legal aspects pertaining to the case and said the city is “trying to find a place for the new police station that meets the needs of the public.”

— E-mail:

cgiggenbach@register-herald.com